Q: Canadian Company sold a machine in US without filing any patent Is their work in public Domain any one can copy?
No international patents have been filed & 12 months US Grace period has passed.
No confidential agreement has been signed between the selling and buying parties.
With my understanding with international patents you must file before you sell and no Grace Period.
Is that machine now open to public or is that in public domain meaning that any one can reproduce that machine? Please advise...
A: Probably, however patent applications are not published for 18 months after filing, so do not rely on someone else's word on no filing having been made. I am reading between the lines to think there is a Canadian patent application or patent on this machine, but none elsewhere and you are wanting to copy it in the US and sell it outside of Canada. I think the answer will be yes that is okay, but the devil is in the details and as a registered patent attorney with 35 years experience I know that review by a patent attorney is needed to get a reliable clearance to proceed. Also, you need to determine if there are other US patents that might apply and a patent attorney is the best equipped to do that for you. Patents are Federal law so any Registered Patent Attorney in the US can advise you. Bruce Burdick 618-462-3450
A: There is another thing for you to consider. If you were to "copy" this machine, you will normally want to improve it and make your copy better. The differences might be patentable and, if important and protected by patent, could turn the tables where you are in control rather than the Canadian company. A good patent attorney can be invaluable in guiding you in accomplishing that. Bruce Burdick beb@burdlaw.com wwww.burdlaw.com 618-462-3450
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